1. GOT BIM???
Thirsty Thursdays
August 25, 2011
Larry Blackburn
Turner Construction Company
859-323-0395x105
Matt Gillies
Stites & Harbison, PLLC
502-681-0589
3D BIM

2. Virtual Design and Construction -
3D - BUILDING INFORMATION MODELING – BIM
Larry Blackburn
3D BIM

3. Virtual Design and Construction
• Mission:
Improve Communication using 3D
modeling to Visualize, Analyze,
Simulate & Validate. Avoid Disruptions
and Mistakes in the Construction
Process. Build Digitally First.
3D BIM

4. Design Visualization
Visualize building early in the process to
support and accelerate the decision
making process
Schedule Visualization
Visualize construction process to review
and optimize the construction sequence
and the schedule
Design Validation
Integrate 3D models of all trades to
identify interferences and
constructability issues before they
materialize in the field
Estimating
Tie scope of project to a price;
Manage scope changes more efficiently
3D BIM

5. BIM – Design Validation
• Overlay of discipline models
• Early detection of conflicts and
inconsistencies
• Involve all disciplines and allow
experts to bring their
knowledge to bear
• Throughout pre-construction
and construction phase
3D BIM

6. BIM – Design Validation
3D BIM

7. 3D BIM

8. Construction Phase
g ne rs or 3 rd
p a r t y 3 D m o d e le r s
A r c h it e c t u r a l D e s ig n A r c h it e c t u r a l M o d e l
S t r u c t u r a l D e s ig n S truc tu ra l M o d e l
Tu r n e r
M e c h a n i c a l S h o p d r a w i n g sM e c h a n i c a l M o d e l
In t e g r a t e d M o d e l
P lu m b in g S h o p d r a w in g s P lu m b in g M o d e l
E le c t r ic a l S h o p d r a w in g s E le c t r ic a l M o d e l
O t h e r S h o p d r a w in g s O the r M o d e l
Au to m a te d
S u b c o ntra c to rs Cla s h De te c tio n
R e vis io n o f C o o r d in a t io n C la s h R e p o r t
De s ig n M e e t in g
F o r m a liz e d P r o c e s s
S h o r t F e e d b a c k C y c Ee s u r e C o n s t r u c t a b i l i t y
l ns
R e lia b le C la s h C h e c k
3D BIM

9. Harborview – Clash Report
3D BIM

10. iRoom – Harborview Medical Center
3D BIM

11. Turner iRooms
Harborview Millers Children’s Univ. of KY
Sutter Sacramento Salem Hospital Boston University
3D BIM

12. iRoom – BU Medical Center Plumbing Coordinator
Fire Sprinkler Coordinator Mech Pipe Coordinator
Electrical Coordinator Turner MEP Manager
Ductwork Coordinator Turner Model Coordinator
3D BIM

13. Electrical J-Box
Access space for J-Box
3D BIM

14. Reasonable Abstractions
J-box w/access VAV w/access
Can light w/access
3D BIM

15. Construction Process
3D BIM

16. Construction Process
3D BIM

17. Construction Process
3D BIM

18. Construction Process
3D BIM

19. Construction Process
3D BIM

20. Construction Process
3D BIM

21. Construction Process
3D BIM

22. Construction Process
3D BIM

23. Construction Process
3D BIM

24. Construction Process
3D BIM

25. Construction Process
3D BIM

26. Construction Process
3D BIM

27. BIM - Site Logistics
3D BIM

28. BIM - Site Logistics
3D BIM

29. BIM - Site Logistics
3D BIM

30. BIM - Site Logistics
3D BIM

31. Laser Scanning
3D BIM

32. Laser Scanning
• Accurate documentation of
existing conditions
• Digital format for design
coordination and validation
• Leica HDS 4500
– Indoor scans
– On wheels
– Effective range 0.3 … 20m
– Scan time <1min
– 3..5 scans per hour
3D BIM

33. Laser Scanning
C ondu
it s
D uc tw
ork
C o lu m
n
M a in
D uc ts
3D BIM

34. 3D Model Created From Point Cloud
3D BIM

35. Conclusion
• More reliable coordination
• Proactive problem resolution
• Reduce disruptions in the construction process
• Reduced risk
• Secondary effects
– Less Change Orders
– Increased confidence in coordination
– Higher level of prefabrication
• Design Validation benefits all,
The Owner, the General Contractor and the Subcontractors
3D BIM

36. Contact Information:
• Larry Blackburn
• Healthcare Account Executive
• Email: lblackburn@tcco.com
3D BIM

37. Contract & Legal Issues
with Building
Information Modeling
Matthew A. Gillies
Stites & Harbison, PLLC
3D BIM

38. Multiple Models – “Federation”
• Architectural Model
• Structural Model
• Mechanical Model
• Electrical Model
• Lighting Model
• Etc.
• Some “Derivatives” of Others
3D BIM

39. BIM Uses
– Design Visualization
– Structural Analysis
– Design Drawing Preparation
– Energy Analysis
– Systems Coordination
– Constructability Reviews (Clash Detection)
– Scheduling/Sequencing Reviews
– Site Planning/Utilization
– Cost Estimating
– Prefabrication
– Project Communications
– Model Integration
– Emergency Simulations
– Operations and Maintenance
3D BIM

40. BIM Benefits
– Decreased Design Conflicts
– Increased Budget/Schedule Control
– Greater Dimensional Precision
– Enhanced
Communication/Collaboration Amongst
Construction/Design Team
– Improved As-Built Documentation
– Improved Ability to Modularize and
Prefabricate Building Components
– Reduced Project Delivery Time
3D BIM

41. BIM IS A GOOD IDEA
“Best Way To Kill a
Good Idea is to Bring
in the Lawyers”
3D BIM

42. BIM Challenges
– Momentum/Inertia Challenges
• Delivery Methods
– Technical Challenges <Interoperability>
– Legal/Contractual Challenges
3D BIM

43. BIM Legal/Contractual
Challenges
• Does it alter traditional responsibilities of
Owner, A/E, Contractors, Subcontractors,
Suppliers?
• What are Risks of Sharing Models?
• How Should Intellectual Property Rights be
handled?
• Does BIM alter post-design or post-
construction deliverables?
• How can the contracts help, rather than stifle,
the BIM process?
3D BIM

44. Legal/Contractual Challenges (cont.)
• Is BIM an additional service?
• How is BIM to be reflected in the
parties’ agreements?
• Does BIM change who owns (or has
the right to use) the design?
• Who bears the risk of defective or sub-
optimal software?
• Insurance Issues?
3D BIM
44

45. Contract Mantras
• Contract 3 “C”s
– Clear
– Coordinated
– Consistent
• Contract Risk Allocation
– Control
– Insured
– Paid
3D BIM

46. Level of BIM Integration & Need for
“BIM Contract Language”
• “Baby BIM” :Non-Integrated Use of BIM
[Specific BIM Contract Language Not
Needed]
• Designers Use BIM to Assist With Design BUT
only Deliver 2D Plans to Contractor
• Contractors/Subs Might Use BIM to Create
Owner Models for Means & Methods BUT Not
Shared Back with Designer
3D BIM

47. Level of BIM Integration & Need for
“BIM Contract Language”
• “Toddler BIM” :Non-Integrated Use of BIM
[Specific BIM Contract Language Not Needed]
• Designers Use BIM to Assist With Design
• Deliver 2D Plans to Contractor AND
• Deliver Digital Model to Contractor BUT
– With Broad Disclaimers (No Right To Rely)
• MOST COMMON PRACTICE : Parallel Universe
– Collaboration in Digital Models BUT
– Documents Legally Governing Work Remain 2D
plans/specs
– Parties Must ensure that decisions made in modeling
process reflected in contract documents (i.e. follow
change order documentation process . . .do not
assume agreement on model sufficient if legally using
2d & not model for contract documents)
3D BIM

48. Level of BIM Integration & Need for
“BIM Contract Language”
• “Grown-Up” or “Full BIM” .
..Integrated Use of BIM
[Specific BIM Contract Language IS
Needed]
• Designers Use BIM to Assist With Design
• Contractors Begin Modeling in Design Phase
• Model Sharing
• Subcontractor Modeling
• Early Collaboration
3D BIM

49. “Full BIM” What Needs to be in the
Contract?*
• Specific Models Required
• Milestones (when Models Available)
• A/E not resp. for M&M
• GC/Sub not resp. for design
– Or, to the extent responsible
• Downloading/uploading process
• Specification as to who may modify a model
• Definition of contract documents (whether any
of the digital models will be CD)
3D BIM

50. BIM Contract : What is Needed?*
• RFIs and designer responses documentation
• References in BIM protocol to the contract
change provisions (how are changes/change
orders handled)
• ID which aspects of shared models where
reliance is permitted
• ID which parties may create derivative models
from models of others
• Appropriate Compensation for Those
Providing Models with Right of Reliance
3D BIM

51. BIM Contract : What is Needed?
*
• Process for Creating Record Copies (read-only versions)
• Allocation of Risks for Data Degradation during transfer
• Waiver of CDs
• Model Manager Role/Specifics
• Force Majeure (including model damage & data loss)
• Intellectual Property Rights (creator of model owns
model)
• Agreed-to standards of reliance
– At least needs to be equivalent to their 2d versions
(model info over and above what would have normally
been available in 2d may/may not be info others can
rely on)
*Listing Info Compiled from Dwight Larson’s and Kate Golden’s 2008 white paper “Entering the
Brave New World: An Introduction to Contracting for BIM”
3D BIM

52. BIM Contract Language
Standard Forms are Good Starts . . .but Use Caution
(should tailor to project and not simply pull off the
shelf)
*Corps of Engineers
*ConsensusDOCS (CD 301) www.consensusDOCS.org
– Assumptions/Structure
*American Institute of Architects (E202) www.aia.org
– Assumptions/Structure
– Model Element Table
– Level of Development
3D BIM

53. Building Information Modeling
CD 301- BIM Addendum
• DOES NOT change party
roles/relationships
• DOES outline roles responsibilities in
accordance with the contract
documents
• BIM Execution Plan
3D BIM

54. CD 301 BIM Addendum – Risk
Allocation
• Each Party Responsible for Contributions to
Models (including access/modification of
models by lower tier subcontractors)
• Standards of care from governing contracts
apply to each party
• No Party shall be responsible for damages
resulting from use of its Model beyond the
uses set forth in the Addendum
• Defects in the software for Model entitles
parties to time extension “or other excuse
from performance” . . . But duty to mitigate
3D BIM

55. CD 301 BIM Addendum – The
Information Manager
• Information Manager
– Responsible for management of BIM
program
– Create/maintain/manage/delete user
access
– Record following info for each data entry in
Model:
• User Name & Role, Contact Info, Date/Time
– Maintain Backup/Restore of all data
– Selected by Owner
• A/E, GC/CM, or “Other”
3D BIM

56. CD 301 BIM Addendum – The BIM
Execution Plan
• 30-day trigger (K & subsequent major subs)
• Model Manager (selected by O . . A/E, GC/CM,
Other)
• Common coordinate system
• Convention as to units for Models
• File formats/structures/naming conventions
• Measures needed for interoperability
• How BIM to be utilized in RFI/Change Order
processes
• Utilization of Project BIM website
• Extent of co-location of participants (BIM pit)
• Specification of Project Close-out & deliverables
3D BIM

57. CD 301 BIM Addendum – Intellectual
Property Rights
• Each Party
– Warrants that Party is
• Owner of copyrights in its Contributions
• Licensed/authorized by copyright holders
– Indemnifies other parties from 3rd party
claims arising out of infringement claims
– Grants to other project participant license
to use Contributions for purposes of
Project
3D BIM

58. AIA BIM Protocol Exhibit
• AIA Document E202 (2008) – Building
Information Modeling Protocol Exhibit
– Focuses on modeling
– Sets forth protocols
– Addresses model ownership
– Parties responsibilities vis-à-vis the model
– LOD matrix
3D BIM

59. AIA E202 BIM Protocol Exhibit
– Levels of development (LOD)
• 100- “overall building massing, indicative of area,
height, volume, location, and orientation”
• 200- “generalized systems or assemblies with
approximate quantities, size, shape, location”
• 300- “ specific assemblies accurate in terms of
quantity, size, shape, location and orientation.”
• 400- “specific assemblies accurate in terms of size,
shape, location, quantity and orientation with
complete fabrication, assembly and detailing
information.”
• 500- “as constructed assemblies actual and
accurate in terms of size, shape, location, quantity,
and orientation.” 3D BIM
59

60. AIA E202 BIM Protocol Exhibit
• Reliance on Model Elements
– Model Element Table
– Can Be Relied Upon in Accordance with
MET
– Any use/reliance inconsistent with LOD
listed in MET shall be at user’s sole risk
and without liability to Model Element
Author
– Indemnification of MEA if used inconsistent
with LOD
3D BIM

61. Other Legal Issues
• Consequences of Model as Contract
Doc
• Standard of Care
• Insurance Coverage
– Model Design & Input
– Software Issues
• Liability Concerns for Post-Project Use
for O&M
• A/E “Responsible Control” of design
3D BIM

62. QUESTIONS???
Matt Gillies (mgillies@stites.com)
Larry Blackburn (lblackburn@tcco.com)
3D BIM